HomeMy Public PortalAbout452CITY OF MEDINA
ORDINANCE NO.452
AN ORDINANCE AMENDING HENNEPIN COUNTY PUBLIC WORKS
FACILITY PLANNED UNIT DEVELOPMENT BY APPROVING A CONCEPT PLAN
AND GENERAL PLAN OF DEVELOPMENT FOR A WIND ENERGY CONVERSION
SYSTEM AND CIVIL DEFENSE SIREN
WHEREAS, the county of Hennepin, a municipal corporation under the laws of Minnesota
(the "County") is the owner of land located near the intersection of T.H. 55 and Arrowhead Drive in
Medina, which land is legally described as Lot 1, Block 1 and Lot 1, Block 2, Hennepin County
Public Works Facility Addition, according to the plat on file in Hennepin County, Minnesota (the
"Property"); and
WHEREAS, on September 5, 1995, the city of Medina, a municipal corporation under the
laws of Minnesota (the "City") rezoned the Property to Planned Unit Development ("PUD") and at
the same time approved a Concept Plan and General Plan of Development for various uses for the
Property (collectively, the "PWF"), all in accordance with the City's planned unit development
ordinance, code sections 827.24, et. seq.; and
WHEREAS, on June 18, 1996 the County and the City entered into a Planned Unit
Development Agreement (the "PUD Agreement") in order to facilitate development of the PWF in
a manner consistent with the approved Concept Plan and General Plan of Development and to
memorialize additional understandings between the parties; and
WHEREAS, the County subsequently developed the PWF by constructing those
improvements for which both Concept Plan and General Plan of Development approval were given
but not those uses or expansions for which only Concept Plan approval was granted; and
WHEREAS, the County has requested an amendment to the PUD and approval of a revised
Concept Plan and General Plan of Development to allow the construction at the PWF of a wind
energy conversion system ("WECS") and a civil defense siren; and
WHEREAS, under City code, amendment of a PUD requires submission of an appropriate
application and review of that application under the same procedure required of a Concept Plan and,
if also requested, of a General Plan of Development; and
WHEREAS, the County submitted the necessary documents and information and requested
amendment of its PUD Concept Plan and General Plan of Development in order to be allowed to
construct the WECS and civil defense siren at the PWF; and
WHEREAS, the Medina planning commission held public hearings and considered the
County's application at its regular meetings on June 10, 2008 and August 12, 2008 as well as at a
special meeting held on July 17, 2008; and
Ordinance No. 452
November 18, 2008
WHEREAS, the Medina city council considered the County's application at its meetings on
September 2, 2008, October 21, 2008 and November 5, 2008, at which meetings City staff gave its
reports and recommendations, County representatives made presentations and extensive public
testimony, both oral and written, was received and considered.
NOW, THEREFORE, based on the full record before it, the city council of the city of
Medina makes the following findings of fact regarding the County's application for an amended
PUD and approval of a revised Concept Plan and General Plan of Development for a WECS and
civil defense siren on the PWF:
1. Consistent with Comprehensive Plan
The PWF was approved in 1995 and was constructed subsequently in accordance
with the approved PUD. The City's 2000-2020 Comprehensive Plan recognized the
existence of the PUD and its relationship to surrounding land uses. The City's
2010-2030 Comprehensive Plan, while not yet formally approved by the
Metropolitan Council, continues to recognize the existence of the PUD and
envisions the T.H. 55 corridor, including the PWF, as the location of a significant
portion of the City's future growth. The Comprehensive Plan also commits the City
to supporting environmentally sustainable and low impact development, both of
which are encouraged by the use of renewable energy sources. The amended PUD
is consistent with the City's current and proposed Comprehensive Plan.
2. Consistent with intent and purpose of the PUD ordinance
The City adopted its PUD ordinance in 1995 in connection with development of the
PWF. Section 827.25 of the City's PUD ordinance says that its purpose of a planned
unit development is to "allow greater flexibility in the development" of the
community by "incorporating design modifications" and allowing "a mixture of
uses," within the PUD. Among the specifically articulated purposes of the PUD
ordinance are "innovations in development" by the "conservation and more efficient
use of land"; the "creative use of land and related physical development" to "allow
phased and orderly development"; "efficient use of land" and "smaller networks of
utilities" resulting in "lower development costs and public investments", and a
"more desirable and creative environment than might be possible through the strict
application of zoning and subdivision regulations." The PWF, including the
proposed WECS and civil defense siren, represents a collection of uses not
otherwise permissible in any single zoning district but which have been and will be
successfully planned and developed through tailor-made land use regulations
uniquely allowed in planned unit developments. The amended PUD is consistent
with the intent and purpose of the PUD ordinance.
Ordinance No. 452 2
November 18, 2008
3. Not detrimental to public health, safety or welfare
Discussion about the proposed WECS has focused on concerns about a number of
potential negative impacts on nearby properties or the community as a whole.
Among those which were presented to and considered by the city council are the
following:
a) Noise. Based on personal observation of existing WECS of similar size, the
presence of other sources of noise in the vicinity and the distances from the
proposed WECS to other properties, noise is not likely to have a significant
impact on adjacent properties.
b) Property values. Based on studies submitted by the County regarding the
affect on property values of other WECS locations and the distances of the
proposed WECS from surrounding properties, it is unlikely adjacent
properties will experience any significant decrease in value as a result of
construction of the WECS.
c) Threats to flying animals. Based on studies submitted by the County
regarding other WECS locations, use of a monopole tower design and the
absence of overhead transmission lines associated with the WECS, there is
not likely to be any significant interference with or threat to birds and bats as a
result of construction of the WECS.
d) Effects on horses. Based on the testimony of persons owning horses in close
proximity to other WECS, evidence presented by the County regarding the
University of Minnesota study on the effects of WECS on horses and the
absence of any other scientific evidence suggesting horses will be adversely
affected, it is unlikely that the proposed WECS will adversely affect horses on
nearby properties.
e) Visibility/impact on rural character of the city. There is no doubt that the
proposed WECS will be visible from surrounding properties and to traffic on
T.H. 55. No scientific evidence has been presented, however, to suggest that
WECS pose a threat to public safety by distracting drivers. In fact, large
numbers of WECS are currently located near major transportation corridors
throughout North America and Europe. Whether WECS are attractive or
unattractive is a personal judgment but they are likely to become more
commonplace and less conspicuous as renewable sources of energy become
increasingly important. The rural character of Medina seems unlikely to be
adversely affected since most WECS are located in rural areas.
(f) Other threats to public health, safety or welfare. Construction of the WECS
will be subject to compliance with other City codes and the regulations of
other governmental jurisdictions. The city council finds no credible evidence
that there exists a likelihood of any other significant threat to the health, safety
Ordinance No. 452 3
November 18, 2008
or welfare of the community if the WECS is constructed in accordance with
such requirements.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, that
based on the above Findings of Fact, after a thorough review of the complete record before the City
and after careful consideration of all comments and observations offered by City staff,
representatives of the County and testimony by members of the public, the city council does hereby
approve an ordinance amending the Hennepin County Public Works Facility Planned Unit
Development by approving a Concept Plan and General Plan of Development for a Wind Energy
Conservation System and civil defense siren on the PWF, subject to the following terms and
conditions:
1. The County is authorized to install a single WECS not to exceed 3.0 megawatts at
the location illustrated as Option 1 on the site plan, or to an alternative location north
thereof, previously submitted to the City (attached hereto as Exhibit -A). The
maximum height allowed of the WECS shall not exceed 80 meters (approximately
262 feet) at the nacelle and 124 meters (approximately 407 feet) as measured from
the maximum extension of the rotors. The setback of the WECS from all property
lines shall at least equal the maximum height;
2. The County must provide an updated wetland delineation report and illustrate the
wetland boundaries on the site plan as specified by the city engineer review memo
dated June 2, 2008;
3. The County must comply with all requirements of the Medina code of ordinances at
time of construction, including but not limited to the City's wetland ordinance;
4. To utilize the approval hereby granted the County must obtain Final Plan approval
and initiate construction of the WECS within two years from the date of approval of
this PUD amendment or the approval for the WECS will be null and void;
5. The WECS must meet all noise standards, both daytime and night time, as
established by the Minnesota Pollution Control Agency and recommended by the
Minnesota Public Utilities Commission L-WECS standards;
6. The WECS and civil defense siren must meet all Minnesota building codes and
applicable Minnesota Pollution Control Agency, Federal Communication
Commission and Federal Aviation Administration rules and standards. The County
also must correct any harmonic vibrations or resonant frequency activations to
buildings on affected properties which are attributable to the WECS;
7. The County must obtain all permits and approvals required by other relevant
governmental entities, including the Minnesota Pollution Control Agency, Elm
Creek Watershed District, Minnesota Public Utilities Commission, Federal
Communication Commission and Federal Aviation Administration;
Ordinance No. 452 4
November 18, 2008
8. The County must provide adequate security measures, including fencing where
necessary, to prevent outside tampering or malicious intent by others to damage,
destroy, deface or affect the WECS's operations or structure;
9. Any proposed grading activities associated with the Option 1 site must be shown on
the final site plan for review;
10. The WECS tower and footings must be design engineered by a licensed structural
engineer and approved by the City building official at the time of building permit
submittals;
11. The County must make available all information related to the costs to design,
engineer and construct the WECS to assist in Medina's review, planning or
budgetary preparation for a potential future Medina public works facility and its
related land uses. The County also must provide public information related to the
WECS and the energy saving measures and provide on -site tours, if possible, for
members of the public;
12. The County must use its best efforts to obtain permission from the sheriff to allow
the City to install a supervisory control and data acquisition antenna on the existing
sheriff s radio tower at the PWF;
13. The County must submit to the City a WECS decommission plan. Upon the planned
termination of operation of the WECS or if the WECS becoming non -operational for
any reason, the County must dismantle and remove from the PWF the tower,
generators, blades and other related equipment within six (6) months from the date
the WECS becomes non -operational. The City may allow reasonable extension due
to equipment malfunctions or repairs, but only if the County demonstrates ongoing
efforts to repair or replace the WECS or related equipment;
14. The WECS shall be a commercially available, utility scale model and not considered
a prototype. The WECS shall be installed on a tubular, monopole design tower, with
no accessible areas for bird perching or nesting. The WECS shall be a uniform
white/off-white color and shall be marked with visible identification numbers, if
necessary. Final plans and specifications for the WECS must be reviewed and
approved by the City at Final Plan approval to ensure compliance with all conditions
of approval;
15. Prior to construction, the County must prepare and submit to the City a fire
protection and medical emergency plan in consultation with the responsible fire
department. The County must register the WECS in the City's emergency 911
system;
16. Prior to construction, the County must submit to the City a plan for conducting an
assessment of television signal receptions and microwave signal patterns in the PWF
area. The assessment shall be designed to provide data that can be used in the future
Ordinance No. 452 5
November 18, 2008
to determine whether the WECS and associated facilities are the cause of disruption
or interference of television reception or microwave patterns in the event there are
complaints about such disruptions or interference after the WECS has been installed
and in operation. The County shall be responsible for alleviating any disruption or
interference caused by the WECS or any associated facilities. The County shall not
operate the WECS and associated facilities so as to cause microwave, television,
radio, telecommunications or navigation interference in violation of Federal
Communication Commission regulations or other laws. In the event the WECS or
its operation causes such interference, the County must take timely measures
necessary to correct the problems;
17. The WECS tower shall be marked as required by the Federal Aviation
Administration. There shall be no lights on the towers other than those required by
the Federal Aviation Administration;
18. Prior to construction, the County shall participate in a pre -construction meeting with
the City to coordinate field monitoring of construction activities;
19. Within 24 hours of an occurrence, the County must notify the City of any
extraordinary event, including but not limited to fires, tower collapse, thrown blades,
collector or feeder line failures, injured workers or other persons, kills of migratory,
threatened or endangered species; or discovery of a large number of dead birds or
bats of any variety on site. In the event of extraordinary avian mortality, the
Minnesota Department of Natural Resources shall be notified within 24 hours. The
County must, within 30 days of the occurrence, submit a report to the City
describing the event and possible cause of the occurrence and the steps to avoid
future occurrences;
20. Prior to construction, the County must submit to the City the procedures it will use
to receive and respond to complaints. The County must report to the City all
complaints received concerning any part or activities related to the operation of the
WECS;
21. Within 60 days after completion of the WECS, the County must submit to the City a
copy of the as -built plans and specifications. The County must also submit this data
in a geographic information system (GIS) format for use in a statewide or local
government database; and
22. The County must pay to the City a fee in an amount sufficient to reimburse the City
fully for the cost of reviewing this application.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the city council of the city of
Medina as follows:
1. Nothing herein shall be deemed to constitute Final Plan approval as specified in the
City's PUD ordinance. No building or other permit shall be issued and no
Ordinance No. 452 6
November 18, 2008
construction or other site preparation activity may take place until the County has
submitted and the City has reviewed and approved the plans, drawings, documents
and other information necessary for the City to grant Final Plan approval for the
WECS.
2. All terms and conditions of this approval, including but not limited to the maximum
height of the WECS, must be adhered to but an increase in energy capacity of up to
4.9 megawatts for a single WECS shall be permitted. If the WECS is 3.0
megawatts or greater, a maximum height not to exceed 80 meters (approximately
262 feet) at the nacelle, and an increase in maximum height not to exceed 125
meters (approximately 410 feet) as measured from the maximum extension of the
rotors shall not be considered a substantial deviation under section 807.41 of the
PUD ordinance. The flexibility permitted the County under the 1996 PUD
Agreement with regard to previously approved PWF uses shall not apply with
regard to the WECS.
3. Except as specifically detailed herein, the terms and conditions of the 1996 PUD
Agreement shall remain in full force and effect. Nothing herein shall be deemed to
constitute General Plan of Development approval for those PWF uses and
expansions of existing uses for which only Concept Plan approval was granted
previously.
Dated: November 18, 2008.
• 7,
T. M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Whereupon said ordinance was declared duly passed and adopted and shall be effective upon
publication.
Published in the South Crow River News this 21 day of November, 2008.
Ordinance No. 452 7
November 18, 2008
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November 18, 2008
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